1 2026:CGHC:18779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 466 of 2026 Dwarika Prasad Patel S/o Late Shri Parikshit Patel Aged About 48 Years Occupation Government Servant (Lecturer), R/o Godbahal, P.S. Pithora, Distt. Mahasamund, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Chowki, Bhanwarpur, Thana Basna, Distt. Mahasamund, Chhattisgarh. ... Respondent For Applicant : Shri Raja Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.89/2026 registered at Police Station – Bhanwarpur Chowki, P.S. - Basna, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.24 17:00:58 +0530 2 District Mahasamund (C.G.) for the offence punishable under Sections 3(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant Smt. Usha Patel, the current National President of Akhil Bhartiya Aghariya Samaj (a registered society bearing Registration No. 8447), filed a complaint alleging that the applicant and five other former office-bearers of the said society committed financial irregularities in connection with the construction of Shri Krishna Dham Mandir at Village Paita, Basna by allegedly preparing forged bills/vouchers and embezzling social donations amounting to Rs. 82,25,347.72/-. The complaint was initially filed at Chowki Bhanwarpur on 10.12.2025 and the police did not register an FIR. Thereafter, the complainant filed a complaint petition under Section 173(4) r/w Section 175(3) BNSS before the JMFC Basna, who directed registration of FIR vide order dated 26.02.2026, pursuant to which Crime No. 089/2026 was registered on 28.02.2026. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is a Government servant working as a Lecturer and has been falsely implicated due to internal factional rivalry within the Akhil Bhartiya Aghariya Samaj. He would submit that the complaint is motivated by personal vendetta arising out of organizational disputes following the alleged one-sided actions of the complainant in the Special Mahasabha dated 09.11.2025. It is further submitted that the applicant, in his capacity as Central Treasurer, performed only a ministerial role of maintaining accounts and processing payments based on duly approved vouchers. He was neither a member of the Kray Samiti nor 3 involved in procurement, verification, or execution of construction work. He would further submit that all accounts up to March 2024 were duly audited and filed before the competent authority, disclosing no irregularity. Records were subsequently handed over to the new committee, demonstrating transparency and bona fides on part of the applicant. He would submit that the dispute, at best, pertains to accounting discrepancies and is civil in nature. He would submit that co-accused persons namely Bhuwneshwar Prasad Patel, Harprasad Chaudhary & Gopal Nayak have been granted anticipatory bail by this Court in MCRCA No. 489 of 2026 on 02/04/2026 & co-accused person Deendayal Patel has also been granted anticipatory bail by this Court in MCRCA No. 456 of 2026 on 02/04/2026. It is further submitted that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for the benefit of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail but do not dispute the fact that co-accused persons have been granted anticipatory bail by this Court. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of dispute, further the fact that co-accused 4 persons namely Bhuwneshwar Prasad Patel, Harprasad Chaudhary & Gopal Nayak have been granted anticipatory bail by this Court in MCRCA No. 489 of 2026 on 02/04/2026 & co-accused person Deendayal Patel has also been granted anticipatory bail by this Court in MCRCA No. 456 of 2026 on 02/04/2026 and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dwarika Prasad Patel, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be 5 verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri